Johnson had until the end of May to utilize the special use permit he had acquired for the site.

Now, if anything is going to be done, Johnson needs to obtain a new permit and come up with a different plan to present to the city.

"The developer did not meet the time lines for his permit so if he does choose to build something it is going to have to be built under the new Unified Development Chapter which will of course limit the height," said Councilor Sharla Gardner.

Gardner says in order to build a nine story hotel Johnson would have to get a variance, which she would not support.